|Pages 47-65||Pages 87-109|
|(Passed the 17th of December, 1789.)|
|WHEREAS it is represented, that the superintendants appointed by the deputations of officers under the act of Assembly, intituled "An act for surveying the lands given by law to the officers and soldiers on continental and state establishments, and for other purposes," have from their local situations have been unable to perform the duties required of them by the said act, by reason whereof sundry locations have been made without the direction of the said superintendants, Be it enacted by the General Assembly, that it shall be lawful for the said deputations of officers to appoint so many additional superintendants as they may judge necessary for carrying the said recited act into effect; who, or any three of them, shall have power, and they are hereby authorised to confirm and establish all or any of the locations, which were not made under the direction of the superintendants appointed in virtue of the said recited act, unless they see cause to the contrary: Provided nevertheless, that the powers herein contained, shall not be construed to extend to the establishment of locations or surveys which have by mistake or otherwise been made on prior locations.|| Preamble.|
Additional superintendants to be appointed.
Their power with respect to certain locations.
|(Passed the 19th of December, 1789.)|
|SECT. 1. WHEREAS by an act of Assembly passed in the year one thousand seven hundred and eighty-eight, intituled "An act for further amending an act intituled||Preamble.|
|an act for establishing a district court on the western waters," the executive are authorised to appoint a receiver in the district of Kentuckey, with power to collect the taxes from the several clerks within the said district, and with certain other powers in the said act specified; And whereas, it is represented to this Assembly, that to further extend the powers of the said receiver would promote the collection of the taxes within the said district, Be it therefore enacted, that the receiver shall be vested with the joint power and authority which the public auditor, and treasurer are now by law possessed of, for settling with the several sheriffs and collectors of the said district, and giving receipts for all public monies for which they are accountable by law, and also with the power of the solicitor to move the supreme court of the said district for judgment and execution against such of them as shall be delinquent, either by failing to give such bond or bonds as the law may require, or to account for the money or otherwise. And the said court shall have the same power to render judgment and to issue executions thereon in all cases, where the receiver is or shall be authorised to move for the said judgment that the general court have heretofore had.|| Receiver of the taxes from the clerks in Kentuckey, to settle
with the sheriffs in that district, and receive the public taxes.|
To move for judgments against them, for failing to account, &c.
Supreme court authorised to give judgment against them on motion.
|SECT. 2. To enable the said receiver to settle with the sheriffs and collectors, the commissioners of the tax of the several counties within the said district are hereby directed respectively, each to return annually to the said receiver a general list of the taxable property within his district, in the same manner and under the same penalties as they are now by law directed to make such returns to the solicitor or auditor, to be moved against in case of failure by the receiver in the supreme court for the district, in like manner as the commissioners for the tax in the other part of this Commonwealth may be moved against by the solicitor.||Commissioners to send lists of taxable property to the receiver;|
|SECT. 3. The receiver shall be allowed for his services under this act, the same compensation as is allowed him for collecting the taxes from the several clerks, which shall be allowed in the certificates or money in proportion as he may receive.||Allowance to him for his services.|
|SECT. 4. The same proportion of fees which is payable by the clerks of the several county courts, shall be hereafter paid by the clerk of the supreme court of the said district, to be recovered and accounted for in like manner as from the clerks of the several county courts within the said district.||The clerk of the supreme court to pay to the public the same proportion of his fees as other clerks.|
|SECT. 5. The taxes payable by the clerks of the said district and hereafter to become due, shall be only dischargeable by those articles which are receivable for the like taxes from the clerks of the other part of this Commonwealth.||Taxes payable by the clerks in Kentuckey, how dischargeable;|
|SECT. 6. The taxes arising upon property in the said district, shall be discharged by the payment of such articles as are or shall be admissible by the revenue law of this state, and also by the payment of any certificates, which have issued for the expences attending any Indian expeditions since the first day of January one thousand seven hundred and eighty-five.||Taxes on property, how dischargeable.|
|SECT. 7. And whereas there would be a considerable risk unnecessarily incurred by transmitting to the auditors of public accounts, the certificates which have been or may be paid to the said receiver, Be it further enacted, that the judges of the supreme court of the said district or any two of them, shall at each session, examine the accounts of the said receiver, and burn the certificates he shall have received, and certify under their hands, a list of the certificates so burned, specifying the sum for which each certificate was given, its date and to whom it was issued, which list so certified shall be admitted to the auditor of public accounts, in settling the accounts of the said receiver in lieu of the certificates themselves.|| Certificates paid to the receiver, how to be disposed of;
List of them to be admitted by the auditor when settling with the receiver.
|SECT. 8. And whereas it has been represented to the General Assembly, that considerable arrears are due to the estate of Walker Daniel, late attorney general fort he district of Kentuckey, for his salary, and that no person is authorised to settle his accounts in behalf of the Commonwealth concerning the same, Be it enacted, that the judges of the supreme court of the district, shall appoint commissioners to settle the said accounts, and certify to the receiver the balance due to the estate of the said Walker Daniel, on account of his salary as aforesaid, who is directed to pay the same in like manner as other officers of the said court.||Certain commissioners to settle the accounts between the Commonwealth and Walker Daniel's representatives.|
|SECT. 9. The receiver shall only certify the arrears of salaries due to the officers of civil government within the said district, when he shall be required by such officer so to do; and where any such certificate has been or shall be given, the same may be discharged by the receiver if it shall be presented to him unsatisfied.||Duty of receiver respecting the salaries of officers of civil government.|
|SECT. 10. The supreme court for the district of Kentuckey shall henceforth hold annually three sessions only, to commence on the first Monday in March, the first Monday in June, and the first Monday in October in each year, and each term to continue twenty-four juridical days, unless the business depending before them, be sooner determined.||Supreme court, sessions of;|
|SECT. 11. And that the terms for holding the court of quarter sessions in the counties of Fayette, Bourbon, and Madison, which are now held in the month of October, shall in future be held in the month of November.||Quarterly courts of certain counties, when to be held.|
|SECT. 12. And it shall be lawful for the supreme court of the said district, or the court of any county within the same in which any person died, whose will has been or shall be hereafter recorded in the general or any district court in this Commonwealth, or in the court of any county not within the said district, to qualify the executors, or to grant certificates for obtaining letters of administration, upon an attested copy being produced to them of any such will, and a certificate that the same has been duly proven and recorded in any such court.||Power of the supreme and county courts in qualifying executors and granting administrations in certain cases.|
|SECT. 13. And be it further enacted, That the treasurer shall immediately transmit an attested copy of the books of the commissioners who were appointed to settle the expence of two expeditions carried on from the Kentuckey district in the year one thousand seven hundred and eighty-six to the receiver for the district of Kentuckey.||Treasurer to send copy of the accounts of expences of Indian expeditions, to the receiver.|
An act for altering the court days and Quarter Sessions of certain counties.
(Passed the 17th of December, 1789.)
|BE it enacted by the General Assembly, That from and after the first day of April next, the court for the county of Norfolk shall be held on the third Monday in every month, instead of the third Thursday. The court for the town of Petersburg shall be held on the first Monday in every month, instead of the first Wednesday. The court for the borough of Norfolk on the fourth Monday|| Days of holding courts altered in the county of Norfolk,|
the town of Petersburg,
the borough of Norfolk,
| in every month, instead of the day heretofore appointed by law. The court of the county
of Isle of Wight shall be held on the first Monday in every month, instead of the first Thursday;
and that the court for the county of Princess-Anne shall be held on the first Monday in every
month, instead of the second Thursday. That a court of quarter sessions for the said borough of
Norfolk and for each of the counties of Norfolk, Princess-Anne, Northampton, Nansemond, Stafford,
Spotsylvania, Fairfax and Loudoun, shall be held in the month of June annually, instead of the
month of May; any law to the contrary hereof notwithstanding.
| the counties of Isle of Wight, |
Courts of quarter sessions when to be held,
for the borough of Norfolk, the counties of Norfolk, Princess-Anne, Northampton, Nansemond, Stafford, Spotsylvania, Fairfax and Loudoun.
|(Passed the 4th of December, 1789.)|
|BE it enacted by the General Assembly, That it shall be lawful for the justices of the county court of Henrico, and they are hereby required on or before the first day of March, one thousand seven hundred and ninety, to value half an acre of land, the property of Samuel Couch, adjoining the acre whereon Rockett's warehouse is erected, and to pay or tender to the said Samuel Couch the value thereof, which shall be repaid to the said justices by the public: and from thenceforth the justices of the county for the time being shall be seized in fee of the said land, in trust, and for the use of the public, during the time the said place shall be made use of for a public warehouse.|| Half an acre of land to be purchased and annexed to Rocket's
Value to be paid to the proprietor by Henrico county, and repaid by the public.
|(Passed the 19th of November, 1789.)|
|SECT. 1. WHEREAS it hath been represented to the present General Assembly, That it will be greatly for the ease and relief of the inhabitants of the county of Norfolk, to remove the court of the said county without the borough of Norfolk, Be it therefore enacted, that from and after the first day of December next, the courts for the said county of Norfolk shall not be holden within the limits of the borough of Norfolk; and that the justices of the said county shall meet at the house of Mrs. Shafer's at Powder point, in the parish of St. Brides, on the first court day, after the time aforesaid, and then and there fix upon such place for holding courts in the said county without the borough of Norfolk, as they may judge most proper and convenient, and thenceforth proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think fit. Provided always, that the appointment of a place for holding courts and erecting the necessary public buildings thereon, shall not be made unless a majority of the justices of the said county be present: where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such cases the appointment shall be postponed until some court day, when a majority shall be present.|| Preamble. |
Court of Norfolk county no longer to be held in the borough of Norfolk;
Justices to fix on a place for holding the same,
When a majority is present,
|SECT. 2. The said court shall at their first session to be held at the house of Mrs Shafer's appoint commissioners, who, or a majority of them, after being sworn, faithfully and impartially to perform the duties required of them by this act, shall proceed to sell the lot of ground within the borough of Norfolk, on which the court-house is now erected, on such terms as the court of the said county shall direct and prescribe, and convey the same to the purchaser or purchasers in fee. That the commissioners shall apportion the money arising from the sales of the said lot, between the inhabitants of the county and those of the borough, according to the number of|| The present court-house to be sold.|
Purchase money, how to be applied.
|tithables they respectively had at the time of levying the expence of building the said court-house, and pay the portion due to the said borough, to the chamberlain of the corporation, and that which may be due to the county, the said commissioners shall apply towards defraying the expence of erecting the court-house and other public buildings, as well as for the purchase of a lot of ground for fixing the same thereon, and the surplus, if any, shall be applied under the direction of the said court, to the establishment of free schools.|
| SECT. 3. And whereas it is doubted
whether the justices of the said county of Norfolk, can of right assess the tithable persons
within the said borough, for removing such doubts in future, Be it further enacted,
that it shall not be lawful for the court of the said county of Norfolk o impose any tax
whatsoever on the inhabitants of the said borough of Norfolk; nor shall any justice of the
county, residing within the said borough, vote in any measure tending to assess the inhabitants
of the said county without the said borough.
An act for selling certain lands in the county of Princess-Anne.
(Passed the 12th of November, 1789.)
| No tax to be laid by the court of Norfolk county on the
inhabitants of the borough; |
Justices of the county residing in the borough not to vote when the inhabitants of the county are to be taxed.
|SECT. 1. BE it enacted by the General Assembly, That the overseers of the poor in the county of Princess-Anne, or a majority of them shall, and they are hereby empowered to sell, upon such terms as they may think best the land and houses formerly set apart for the reception and accommodation of the poor in the said county, and convey the same to the purchaser or purchasers in fee.||Poor-house and lands to be sold;|
|SECT. 2. The money arising from the sale of the said land, shall be applied by the overseers of the poor towards lessening the poor-rates of the said county.||Purchase money, how to be applied.|
| CHAP. LV.|
An act for opening and extending the Navigation of Pamunkey river.
(Passed the 9th of December, 1789.)
|SECT. 1. WHEREAS it is represented to the General Assembly, that the opening, improving and extending the navigation of Pamunkey river to the highest part practicable, will be of public utility, and that many persons are willing to subscribe considerable sums of money for effecting the same, Be it therefore enacted, that Anthony New, John Winston, Benjamin Temple, Richard Squire Taylor, John Anderson, William Anderson, Richard Overton, John Minor, Vivion Minor, Samuel Temple, John Chiles, William C. Winston, William Darracott, Thomas Prince, and Thomas Tinsley, gentlemen, be and they are hereby constituted trustees for clearing, improving and extending the navigation of the said river from Hanover town as far up the different branches thereof as they may judge it practicable, so as to have a sufficient depth and width of water to navigate boats, batteaus or canoes, capable of carrying four hogsheads of tobacco, and they are authorised to take and receive subscriptions for that purpose.|| Preamble. |
Trustees appointed for improving the navigation of Pamunkey river,
to receive subscriptions,
|SECT. 2. Any person neglecting or refusing to pay the money by him subscribed for the purposes of this act, it shall be lawful for the trustees to recover the same by warrant before a single magistrate, where the subscription doth not exceed twenty-five shillings, and where it exceeds that sum, by motion in the court of the county where the person resides, provided he has ten days previous notice of such motion.||Method of recovering them;|
|SECT. 3. The said trustees or a majority of them, shall as soon as may be, proceed to view the said river, and ascertain as nearly as they can, the highest part capable of navigation according to this act, and to contract and agree with any person or persons for clearing and improving the navigation of the said river, in such manner as the said trustees shall judge proper, and to remove all obstructions which in any manner injure the said navigation.|| Trustees to view the river, |
and contract for clearing it,
|SECT. 4. The said trustees or a majority of them, shall have power to nominate and appoint from time to time,||To appoint a receiver of the subscriptions;|
|one or more of their number, to be receiver or receivers of all money subscribed by virtue of this act, who shall give bond with sufficient security in the penalty of one thousand pounds in the court of the county where he or they respectively reside, payable to the said trustees and their successors for the time being, with condition that he or they, his or their heirs, executors or administrators at all times when required, will truly and faithfully account for all sums of money, that shall come to his or their hands for the purposes of this act, and pay the same to such person or persons as the said trustees or a majority of them shall order and direct.|
|SECT. 5. And whereas it may be necessary in some parts of the said river to straighten the same, by cutting away the bank, or by a canal, and also to erect houses on the banks of the said river, for the use of toll-gatherers, Be it therefore enacted, that it shall and may be lawful for the said trustees or a majority of them, to agree with the owners of any land through which the said canal is intended to pass, or on which any house shall be thought necessary to be erected, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme-covert, under age, non compos, or out of the state, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed by the act, intituled "An act for opening and extending the navigation of Patowmack river," and such valuation shall be paid by the trustees to the owner of the said land, or to his or their legal representatives, and on payment thereof, the said land shall thenceforth be vested in the said trustees and their successors in fee, for the purpose of this act.|| |
Mode of obtaining land through which any canal is to be cut, &c.
|SECT. 6. The said trustees and their successors, or a majority of them, shall have power and authority to agree with any person or persons to cut such canals, and erect any works they may think necessary, for opening, improving and extending the navigation of the said river, and out of the money arising from the subscriptions and tolls hereafter given to pay for the same, and to repair and keep in order the said canals and other works, and to defray all incidental charges, and to appoint such toll-gatherers, managers and servants as they shall judge requisite, and to agree for and settle their respective wages or allowances, and settle and pass their accounts, and to make and establish such rules of proceeding, and to||further duty of the trustees;|
|transact all other business for the purpose of carrying this act into execution.|
|SECT. 7. And be it further enacted, That for and in consideration of the expence the subscribers will be at, not only in cutting canals or other labour, for opening and extending the navigation of the said river, but in maintaining and keeping the same in repair, it shall and may be lawful for the said trustees and their successors at all time hereafter, to demand and receive at such place or places upon the said river, as they may think most convenient, for all commodities transported up and down the same, tolls not exceeding those imposed by the act intituled "An act for opening and extending the navigation of Patowmack river;" and in case any person shall neglect or refuse to pay the tolls at the time of offering to pass the place appointed for the payment thereof, and previous to the vessels passing the same, the collectors of the said tolls may lawfully refuse passage to such vessel; and if any vessel shall pass without paying the said toll, then the said collector may seize such vessel wherever found, and sell the same at auction, for ready money, which so far as is necessary, shall be applied towards paying the said tolls and all expences of seizure and sale, and the balance, if any, shall be paid to the owner; and the person having the direction of such vessel shall be liable for such toll if the same is not paid by the sale of such vessel.|| Tolls for the passage of vessels and transportation of
commodities up and down the river; |
Vessels may be stopped until they are paid,
Mode of recovering them, when vessels pass without paying them;
|SECT. 8. The profits arising from the said tolls, together with the works erected for opening and improving the navigation of the said river, shall be and the same are hereby vested in the said trustees, and their successors for ever, to and for the use of the subscribers, and their heirs as tenants in common, to be apportioned among them according to the sums by them respectively subscribed and paid, and the same be deemed real estate, and be for ever exempted from payment of any tax, or imposition whatsoever.|| Produce of the tolls, &c. the subscribers property therein;
forever exempt from any tax.
|SECT. 9. The said trustees and their successors shall be, and they are hereby declared to be incorporated by the name and title of the Pamunkey Trustees, and may sue and be sued as such. In case of the death, removal, resignation, or incapacity of any of the said trustees, it shall be lawful for the subscribers or a majority of them, to elect other person or persons in the room of him or them so dying, removing or resigning; of the time and place for making such election, previous notice shall be given by|| Trustees incorporated.|
Vacancies, how supplied.
|advertisement at the court-houses of the counties of Hanover, Caroline and King William, on two successive court days by the said trustees. If a majority of the subscribers shall fail to attend on the day appointed for electing a trustee, the vacancy shall be supplied by those who do attend.|
|SECT. 10. The subscribers may vote either in person or by proxy.||Subscribers how they may vote;|
|SECT. 11. It shall and may be lawful for every subscriber to transfer his interest in the said canals, works and tolls in the same manner, and under the like conditions and exceptions as are prescribed by the said recited act.||how transfer their property in the tolls, &c.|
|SECT. 12. If any landholder on the said river being resident thereon, if not, the tenant or overseer, shall suffer any tree to be felled from his land, or the land of which he is a tenant, or resides on as an overseer, into the said river, and therein to remain the space of twenty-four hours, at any time after the navigation of the said river hath become practicable, every such landholder, tenant or overseer, shall forfeit and pay the sum of forty shillings, to be recovered with costs by information in any court of record to the use of the person suing for the same.|| Penalty on those who suffer trees to fall into the river;
how to be recovered and applied.
|SECT. 13. So much of all and every act and acts, as comes within the meaning of this act, is hereby repealed.|
|(Passed the 1st of December, 1789.)|
|SECT. 1. BE it enacted by the General Assembly, That from and after the first day of May next, all that part of the county of Montgomery, which lies south-west of a line, beginning on the Henry line, at the head of Big Reedy Island, from thence to the waggon ford on Peek creek; thence to the clover bottom on Blue Stone; thence|| Montgomery county divided, and Wythe
|to the Kanawha county line, shall form one distinct county, and be called and known by the name of Wythe.|
|SECT. 2. A court for the said county of Wythe shall be held by the justices thereof on the fourth Tuesday in every month, after the same shall take place, n like manner as is provided by law for other counties, and shall be by their commissions directed.||Court days.|
|SECT. 3. The justices to be named in the commission of the peace for the said county of Wythe, shall meet at the house of James M'Gavock, in the said county, upon the first court day after the said county shall take place, and having taken the oaths prescribed by law, and administered the oath of office to and taken bond of the sheriff according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit, and thenceforth the said court shall proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts, as they shall think proper. Provided always, that the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justice of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed, until some court day when a majority shall be present.|
|SECT. 4. And be it further enacted, That all that part of the county of Botetourt which lies south-west of a line to begin on the Franklin line on the Blue Ridge, three miles south from Noffsenger's mill; from thence to Walton's Tavern in Botetourt county; from thence to John Glen's on the Catawba road; from thence to Pott's mill on Sinking creek; and from thence to the Greenbrier line, shall be, and the same is hereby added to the county of Montgomery.||Part of Botetourt added to Montgomery.|
|SECT. 5. The justices of the said county of Montgomery shall on the court day in the month of May next, hold their session at the house of James Craig, in the said county of Montgomery, and then and there fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit, and thenceforth proceed to erect the necessary public|
|buildings at such place, and until such buildings shall be completed, to appoint any place for holding courts, as they shall think proper. Provided always, that the appointment of a place for holding courts, shall not be made, unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court day, when a majority shall be present.|
|SECT. 6. Provided also, and be it further enacted, That it shall be lawful for the sheriff of the said county of Botetourt to collect and make distress for any public dues and officers fees remaining unpaid at the time of passing this act by the inhabitants of that part of the said county of Botetourt, which is hereby added to the county of Montgomery, and that it also shall be lawful for the sheriff of the county of Montgomery, to collect and make distress for any public dues and officers fees, which shall remain unpaid by the inhabitants of the said county of Wythe, at the time the said county shall take place, and that the sheriffs of each of the said counties of Botetourt and Montgomery shall be accountable for the same, in like manner as if this act had not been made.|
|SECT. 7. The governor with the advice of the council, shall appoint a person to be first sheriff of the said county of Wythe, who shall continue in office during the term, and upon the same conditions as are by law appointed for other sheriffs.|
|SECT. 8. The courts of the said counties of Botetourt and Montgomery shall have jurisdiction of all actions and suits which shall be depending before them at the time the said county of Wythe shall take place, and shall try and determine the same and award execution thereon.|
|SECT. 9. The county of Wythe shall compose part of the district in which Washington and Russel are formed for holding district courts, and the county of Montgomery shall compose a part of the district of which Greenbrier and Botetourt are formed for holding a district court.|
|SECT. 10. In all future elections of a senator, the said county of Wythe shall be of the same district as the said county of Montgomery.|
| CHAP. LVII.|
An act for altering the place of holding courts in the county of Fairfax.
(Passed the 4th of December, 1789.)
|WHEREAS it is represented, that the present situation of the court-house of the county of Fairfax is inconvenient to the inhabitants thereof, and that a court-house for the said county ought to be fixed at some other place near the centre; Be it therefore enacted by the General Assembly, that the justices of the said county of Fairfax, shall on or before the first day of June next, proceed in the ususal manner to levy on the tithable persons within their county a sum sufficient to erect the necessary buildings, and to purchase two acres of ground whereon to place them, and that they provide for building a court-house, prison, pillory and stocks on the lands of William Fitzhugh, gentleman, or on the lands of any other person, within one mile of the Cross Roads, at Price's ordinary, and that after such buildings shall be completed, the courts for the said county shall be held at the said place.|| Preamble, |
Court-house,&c. to be built on the lands of William Fitzhugh, or some other person near the cross roads at Price's ordinary.
When completed courts to be held there.
|(Passed the 9th of December, 1789.)|
|SECT. 1. WHEREAS it is represented that the surveyor of the county of Henry hath lost the book containing the entries or location of lands, and also his field notes for surveys made in the year one thousand seven hundred and eighty-seven, whereby the parties interested are likely to lose their rights to the said lands, for remedy whereof, Be it enacted by the General Assembly, that it shall and may be lawful for the governor, with advice of council, to issue one or more commissions as the case may require|| Preamble, |
Loss of entry book and field notes of Henry surveyor, how to be supplied;
|under the seal of the Commonwealth, to nine able and discreet persons directed, giving them or any of them full power and authority to meet at some convenient place or places to be by them appointed, and to adjourn from time to time as they shall think fit, and to summon, hear and examine all witnesses, at the instance of any person touching such entries of lands or field notes, so as aforesaid lost, and to take their depositions in writing, and to return the same with such commission or commissions to the executive, which depositions shall be by them laid before the General Assembly at the next session, after such return made, to the end that they may be enabled to grant such effectual relief to the sufferers by the said loss of the entry book and field notes, as to them shall seem just and reasonable.|| Depositions taken by the commissioners to be returned to the
|SECT. 2. And the said commissioners shall have power to appoint some person skilled in clerkship, to attend them for keeping a journal of their proceedings and drawing the depositions aforesaid, who shall be paid for his services by the said county of Henry.||Commissioners to appoint a clerk to attend them.|
|(Passed the 12th of December, 1789.)|
|SECT. 1. WHEREAS doubts have arisen whether the commissioners appointed by the October sessions one thousand seven hundred and eighty-six, and one thousand seven hundred and eighty-seven, in the counties of Ohio, Monongalia, Harrison and Randolph, for the purpose of superintending the opening two waggon roads, the one from the state road to the mouth of the Little Kanhawa, and the other from Morgan's Town to the mouth of Fishing creek on the Ohio river, have power to call upon the sheriffs of the said counties for the arrears of taxes now due, or so much thereof as will be sufficient to compleat||Preamble.|
| the said work, for removal of such doubts; Be it enacted by the General Assembly,
that it shall and may be lawful for the said commissioners to demand and receive from the
sheriffs of the said counties, so much of any arrears now due as will compleat the opening of the
above roads; Provided the sums so demanded shall not exceed the sums allowed by the
above recited act.
SECT. 2. And be it further enacted, That the commissioners aforesaid shall transmit to the auditor of public accounts aforesaid a transcript of their books on or before the first day of October next, agreeable to the direction of the above recited act, and that the sheriffs of the said counties respectively shall settle their several accounts, and pay into the treasury of this Commonwealth on or before the said first day of October, all balances of the taxes aforesaid as may remain in their hands; and upon failure thereof, the solicitor is hereby directed to move for judgments against the said sheriffs respectively, first giving them a reasonable notice.
| Certain arrears of taxes appropriated to the compleating the
roads to the mouth of the Little Kanhawa and Fishing creek.|
Not to exceed certain sums.
Commissioners to send copies of their accounts to the auditor.
Sheriffs to pay the balances in their hands by a certain day.
|(Passed the 10th of December, 1789.)|
|WHEREAS it hath been represented to the present General Assembly, that the trustees appointed by the act, intituled "An act for appointing trustees to regulate the making of slopes for the passage of fish in the mill-dams within the county of Bedford," are either dead or removed, and it is judged necessary to appoint others; Be it therefore enacted, that James Callaway, William Leftwich, Charles Clay, Charles Gwatkins, Thomas Lumpkins, John Otey, Robert Cowan, John Callaway and James Buford, gentlemen, shall be and they are hereby constituted trustees in the stead and place of those mentioned in the said recited act, and shall do and perform what was required of the former trustees.|| Preamble, |
Trustees to regulate the making of slopes in mill-dams in Bedford.
| CHAP. LXI.|
An act for selling certain escheated lands in the county of Norfolk.
(Passed the 4th of December, 1789.)
|WHEREAS by a resolution of the General Assembly, the sum of four hundred and eighty-six pounds fifteen shillings and five pence, was directed to be paid to Mary Hurt, out of the proceeds of the sale of the confiscated estate of John Bowness; And whereas a tract of land in the county of Norfolk, late the property of the said John Bowness, is now vested in the Commonwealth by escheat; Be it enacted by the General Assembly, that the executive shall instruct the escheator for the county of Norfolk, to sell as soon as may be, the aforesaid tract of land in such manner and upon such terms as to them shall seem expedient, and out of the sales thereof to pay to the said Mary Hurt the said sum of four hundred and eighty-six pounds fifteen shillings and five pence, and any other debts against the said John Bowness, which shall be proved to their satisfaction, and to cause the balance to be paid into the public treasury.|| Preamble.|
Certain escheated land in Norfolk to be sold,
when, and how,
Purchase money, how to be applied.
|(Passed the 12th of November, 1789.)|
|SECT. 1. WHEREAS it is represented, that the road over the Blue Ridge at the place called Swift-run, in the county of Rockingham, cannot be kept in repair in the ordinary way prescribed by law: Be it enacted by the General Assembly, that it shall be lawful for the court of the said county of Rockingham, and the same is hereby empowered and required annually, for and during the term of four years, to contract and agree with some|| Preamble, |
In what manner road at Swift-run Gap to be repaired;
|person or persons upon the best terms that can be obtained, for repairing and keeping in repair the road over the Blue Ridge, at the pass called Swift-run, as far as Page's ordinary, in the county of Orange.|
|SECT. 2. The person or persons undertaking the said road, shall enter into bond with sufficient security, payable to the justices of the said court, and their successors, in double the sum is undertaken for, with condition for the due and faithful performance of the said agreement.|
|SECT. 3. The expence of repairing and keeping in repair the said road, shall annually during the term aforesaid, be levied by the court on the tithable persons in the said county, to be collected and accounted for in like manner as prescribed by law, for collecting and accounting for parish and county levies; Provided always, that such levy shall not annually exceed the sum of one hundred pounds.||The expence thereof, how to be defrayed.|
An act appointing trustees of the town of Fincastle, in the county of Botetourt.
(Passed the 14th of November, 1789.)
|WHEREAS it is represented that the trustees of the town of Fincastle, in the county of Botetourt, are either dead or removed out of the county; Be it enacted by the General Assembly, that James Breckenridge, Patrick Lockhart, George Hancock, Henry Bowyer, Robert Harvey, Matthew Harvey and Phillip Speckard, gentlemen, shall be and they are hereby constituted trustees of the said town of Fincastle, and vested with the same power and authority, as if they had been particularly nominated and appointed in the act establishing the said town.|| Preamble, |
Certain persons appointed trustees;
Their power and duty.
|(Passed the 17th of December, 1789.)|
|SECT. 1. BE it enacted by the General Assembly, That as doubts have arisen respecting the right of the Common Hall of the town of Petersburg, to levy a tax of more than one hundred pounds on the people thereof without the consent of the electors, agreeable to an act intituled "An act to amend the act intituled an act for incorporating the town of Petersburg, and for other surposes," therefore to prevent such doubts in future, Be it enacted, that the Common Hall shall not lay any greater tax in any one year than the sum of one hundred pounds.||Common-Hall not to raise more than 100l. per year,|
|SECT. 2. And whereas it is represented that fire-engines are absolutely necessary for the town, Be it further enacted, that the Common Hall of the said town shall have power to raise by a tax the sum of three hundred pounds, for the purpose of repairing and purchasing fire-engines, but not more than one moiety shall be raised in any one year, over and above the one hundred pounds.||Unless for the purchase of fire-engines.|
|SECT. 3. And be it further enacted, That it shall and may be lawful for the Common-Hall of the town of Petersburg, to levy and collect a reasonable tax or duty upon all vessels coming to or using the public wharf, already erected between Coffee-House street and the small bridge towards Blandford.||May receive tolls from vessels using the public wharf;|
|SECT. 4. And whereas a considerable sum of money has been advanced by the public for the purpose of erecting a wharf at Rocket's landing, and it is reasonable that vessels using the same should pay a compensation for the use thereof; Be it therefore enacted, that the Common Hall of the city of Richmond be, and they are hereby empowered and required to levy a reasonable toll on all vessels using the aforesaid wharf, except such as are specially employed in shipping tobacco, and to allow the harbour master, or such other person as the Common Hall may appoint, such salary as in their opinion||Common-Hall of Richmond to levy tolls from vessels using the public wharf, unless employed in shipping tobacco;|
|shall be adequate to his trouble for collecting the tolls aforesaid, and the person so appointed, after deducting his salary, shall upon oath account for and pay into the treasury on or before the first day of October in every year, the overplus of the tolls by him collected.||Money arising therefrom, how to be applied.|
|(Passed the 4th of December, 1789.)|
|SECT. 1. WHEREAS by the act for establishing the town of Lexington in the county of Fayette, a lot of land within the said town was reserved for public use, and it has been represented by the inhabitants of the said county, that the dimensions of the said lot exceed what is necessary for the purposes intended by the said act: Be it therefore enacted by the General Assembly, that the said lot shall be divided by a line beginning on the Main street, six poles from the west corner, and thence across the said lot a north-east course; and that the part thereof lying north-west of the said line, shall be set apart for the particular purpose of erecting thereon a house of divine worship; and the trustees to the said town are hereby authorised and empowered to sell the same to the highest bidder at public vendue, for the purpose aforesaid, giving previous notice in the Kentuckey Gazette, of the time and place of such sale; and whatever denomination of Christians shall become the legal purchasers thereof, the said trustees are hereby also directed to make or cause to be made a deed or deeds so as to convey the title thereof to the said purchasers and their successors for ever.|| Preamble, |
Public lot in Lexington to be divided;
Part thereof to be set apart for erecting a house of worship;
And to be sold to any denomination of Christians;
|SECT. 2. And be it further enacted, That the money arising from the sale thereof, be applied towards the building a market-house in the said town.||Purchase money how to be applied.|
|(Passed the 4th of December, 1789.)|
|WHEREAS it is represented that the hostilities of the Indian tribes and other causes have prevented, or will prevent many of the possessors of lots in the town of Clarksburg, in the county of Harrison; of Morgan's Town, in the county of Monongalia; of Harrodsburg, in the county of Mercer; and of Louisville, in the county of Jefferson, from building thereon, in pursuance of the acts by which the said towns were established; Be it enacted by the General Assembly, that every possessor of a lot in any of the said towns, shall be allowed the farther space of three years, after the day limited by law shall expire for building thereon, conformably to the acts for establishing the said towns respectively.|| Preamble.|
Further time allowed the possessors of lots to improve them.
|(Passed the 4th of December, 1789.)|
|BE it enacted by the General Assembly, That it shall be lawful for the mayor and commonalty of the town of Fredericksburg, and they are hereby empowered to lease for three lives or twenty-one years, or any lesser estate therein, such unimproved parts of the Market-house lots as to them shall seem most proper, and apply the rents arising therefrom for the benefit of the corporation.|| Corporation authorised to lease parts of certain lots. |
Rents, how to be applied.
|Pages 47-65||Pages 87-109|